United States District Court, D. Nevada
DEFENDANTS' MOTION TO DISMISS [DOC. 6], DENYING AS MOOT DEFENDANT'S MOTION TO
STAY [DOC. 8], HILL'S MOTION FOR TRIAL [DOC. 12], AND PETITION FOR HEARING [DOC.
JENNIFER A. DORSEY, District Judge.
Clark County School District bus driver Michael Hill claims he was subjected to a hostile work environment and unequal treatment because he is a white man. See Doc. 1. Although his pro se complaint identifies no legal theory as the basis for his claims, Hill prays for an order directing the School District to: end workplace discrimination against white male employees and students, stop racism by requiring all employees to "speak like they have a high school diploma, " require black and female employees to follow the same rules as white men, and pay white men extra when they have to correct work performed poorly by others. Doc. 1 at 11. He also asks the court to prohibit the School District from outsourcing or subcontracting bus-driving work and making bus drivers work for free, and he seeks actual and punitive damages in excess of $5 million. Id. at 11-12.
Defendants move to dismiss Hill's action under Rule 12(b)(6), arguing that Hill filed charges of discrimination with the EEOC but failed to exhaust those administrative remedies, precluding this lawsuit as premature. See Doc. 6. They alternatively move for a more definite statement under Rule 12(e), contending that the complaint lacks any claim for relief or legal theory, making it impossible for them to fairly respond to it. See id.
Hill has offered nothing to demonstrate that he has exhausted the administrative remedies necessary for him to pursue an employment claim, and his failure to articulate the grounds for the myriad relief he requests requires the Court to dismiss any remaining claims under the federal pleading standards in the United States Supreme Court's decisions in Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly . The Court grants the motion to dismiss Hill's federal employment claims for failure to exhaust the EEOC process before filing this suit and also dismisses any other possible claim as insufficiently pled. However, the Court also gives Hill leave to file an amended complaint to more adequately allege any claim arising from these facts that is not barred by his failure to exhaust the EEOC process.
Hill is a bus driver for the Clark County School District. See Doc. 1 at 13. His Complaint is not a model of clarity, but it claims the Principal of Decker Elementary School failed to abide by school policy and open the gate for bus drivers twenty minutes before class started. See id. Hill claims that when he complained about this failure, he was "harassed and written up by Lauren Longmire, " a Clark County School District employee. Id. at 14. He also claims that Longmire once ordered him out of the bus to "look for the students that belonged on that bus, " a task that she did not require black bus drivers to perform. Id. at 15.
He further states that in 2012-13, a "black Transportation Operations Assistant" requested that he transport high school students "sitting three to a seat" in violation of the law, but he steadfastly "refused to break the law in the name of racism." Id. at 14, 23. In 2005-06, Hill was allegedly disciplined after refusing to perform an illegal traffic maneuver, "[b]ecause [he is] a white man that did [his] job correctly." Id. Finally, he alleges that during the 2009-10 school year he drove a bus in accordance with certain construction signs, while two other drivers, a black man and a white woman, used traffic lanes not specified by the construction signs. After being told that he should also use the non-specified traffic lane, he concluded that "[a] Transportation Investigator for Clark County School District chose to endanger the safety and well-being of the students on three different buses, rather than enforce the rules on a woman or a black person." Id.
Hill claims that the "Clark County School District needs to get rid of the racism, slavery, harassment, and discrimination against white male employees and students. The only way to accomplish this is to require all employees to speak like they have a high school diploma, and all employees must follow the same rules regardless of race or gender." Doc. 1 at 16. Hill requests a host of injunctive orders against the School District, including ordering the district to:
1. Stop workplace discrimination against white male employees and students.
2. Stop racism by requiring all employees to speak like they have a high school diploma.
3. Stop racism by requiring black people to follow the same rules as white men.
4. Stop discrimination to white men and require female employees to follow the same rules as a white man.
5. Never outsource or subcontract bus drivers.
6. Stop making bus drivers work for free so they can pay for the Zonar system.
7. Compensate a white man when he has to do extra work to fix something because female or black employees did not perform their duties correctly.
Doc. 1 at 11. Hill requests that Longmire pay him $9, 589 in actual damages and $92, 000 in punitive damages for her alleged workplace harassment. Doc. 1 at 11. Hill also seeks $5 million in actual damages from the School District "for having to endure eleven years of harassment discrimination and racism." Doc. 1 at 12.
Hill filed his complaint in Nevada State court, and Defendants removed it to federal court on January 28, 2014, on the basis that Hill has filed two Charges of Discrimination with the EEOC, suggesting that he is asserting federal employment-law claims and giving this Court original jurisdiction under 28 U.S.C. § 1331. Doc. 1 at 2. Guessing that Hill's complaint states only Title VII discrimination and hostile work claims, Defendants ask the Court to dismiss those claims because Hill has not yet completed his EEOC administrativeclaims process and received his right-to-sue letter. Doc. 6 at 4-5. Alternatively, they argue that Hill fails to identify any cause of action or plead facts to support any cognizable claim, and it is simply impossible to respond to his complaint without completely guessing what claims he is attempting to plead. Hill opposes these requests and counters with "Motion for Relief from Workplace Harassment" ...